Welcome to The Names Database. To go to our About page, which includes an extended explanation of our services, please
click here.
If you already signed up, and do not have Your Unique Access Link, please click here.
For support and documentation, please
click here.
The following Agreement was last modified on March 18, 2005.
1. This is an Agreement Between You and Opobox
This is a binding agreement (the "Agreement") between you and Opobox, Inc. ("Opobox"), a Delaware Corporation. This agreement governs any use or interaction of any kind you may have with any Web site or Web page operated or owned by Opobox (each, an "Opobox Web Site," and collectively, the "Opobox Web Sites"). The Opobox Web Sites include, but are not limited to, the Web pages associated with or related to the domains namesdatabase.com, thenamesdatabase.com, as well as any sub-domains of those domains. Each Opobox Web Site includes any services available through or associated with it, including, but not limited to, any memberships, paid or unpaid, and any e-mails or other electronic communications that may be transmitted as a result of memberships or otherwise.
Opobox, its affiliates, resellers, suppliers, distributors, service providers, licensors, co-branders, partners, consultants, agents, employees, directors, officers, subsidiaries, owners, parents and successors (each, an "Opobox Party" and collectively, the "Opobox Parties") provide you access to the Opobox Web Sites subject to the terms and conditions of this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or interact with the Opobox Web Sites in any way.
OPOBOX OFFERS THE OPOBOX WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE OPOBOX WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 7, 8, and 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OPOBOX'S BARGAIN.
2. Agreement Modification
Opobox reserves the right to change the terms, conditions, and notices under which it offers the Opobox Web Sites, including any charges associated with the use of the Opobox Web Sites. You are responsible for regularly reviewing these terms, conditions, and notices. Your continued use of the Opobox Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes. In any case, all amended terms, conditions, and notices shall be effective thirty (30) days after they are initially posted on the Opobox Web Sites. This Agreement may not be otherwise amended except in a writing signed by you and Opobox. Notwithstanding, Opobox will notify you about significant changes in this Agreement by placing a prominent notice on the relevant Web pages within the Opobox Web Sites for a reasonable period of time (such as, for a period of a few weeks, putting the word "Updated" next to the link to this Agreement from within The Names Database and therefore available to all members).
3. Your Information
"Your Information" is defined as any information you post or otherwise provide to Opobox and the Opobox Parties through or otherwise related to the Opobox Web Sites. Your Information includes, but is not limited to, information that may be sent to Opobox or the Opobox Parties passively by any electronic agent operating on your behalf including, but not limited to, information such as IP addresses, timestamps, and browser and operating system types and versions. You are solely responsible for Your Information, and Opobox acts as a passive conduit for your online distribution and publication of Your Information.
You grant Opobox a non-exclusive, worldwide, perpetual, irrevocable, transferable, royalty-free right to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat Your Information in any media now known or not currently known, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Opobox will not pay you for Your Information. Opobox reserves the right (but not the obligation) to remove or edit Your Information, but does not regularly review Your Information.
You represent that you have all the rights necessary for you to make the grants in this section. You also warrant that Your Information is not and shall not: (a) be false, inaccurate, out of date, or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; and (h) create liability for Opobox or any Opobox Party or cause Opobox to lose (in whole or in part) the services of Opobox's ISPs or other suppliers.
Opobox has security measures in place to protect and prevent the loss, misuse, and alteration of Your Information. Opobox uses industry standard efforts to safeguard Your Information.
Your Information may be stored and processed in the United States or any other country in which Opobox and the Opobox Parties maintain facilities. As such, you consent to any transfer of Your Information outside of your country.
Opobox reserves the right to transfer Your Information in the event of a transfer of ownership of any Opobox Web Site or Opobox, such as acquisition by or merger with another company. In the event that Opobox goes through such a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of its assets, Your Information will, in most instances, be part of the assets transferred.
4 Your Use of the Opobox Web Sites
As you use the Opobox Web Sites, you should expect to receive, access, or use information, materials, graphics, software, data, text, music, sound, photographs, video, messages and other content (collectively, "Content") originated by Opobox and persons other than Opobox (any such person is referred to as a "Third Party").
Opobox does not control the Content posted via the Opobox Web Sites, and as such, does not guarantee the accuracy, integrity, timeliness, reliability, or quality of such Content. You understand that by using the Opobox Web Sites, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Opobox or any Opobox Party be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted, or otherwise made available via the Opobox Web Sites.
Without prior written consent from Opobox, you may NOT: (a) use the Opobox Web Sites for commercial purposes, including to attempt to sell a product or service, or to increase traffic to your Web Site for commercial reasons, such as advertising sales; (b) use the Opobox Web Sites in any manner that could damage, disable, overburden, or impair any Opobox Web Site (or the network(s) connected to any Opobox Web Site) or interfere with any other party's use and enjoyment of the Opobox Web Sites; (c) disobey any requirements, procedures, policies, or regulations of networks connected to the Opobox Web Sites; (d) use any robot, spider, scraper or other automated means to access the Opobox Web Sites beyond what is permitted by our robot exclusion headers; (e) "meta-search" any Opobox Web Site; (f) forge headers or otherwise manipulate identifiers when communicating in any way with the Opobox Web sites; (g) take any action that imposes, or may impose in Opobox's sole discretion an unreasonable or disproportionately large load on Opobox's infrastructure; (h) bypass Opobox's robot exclusion headers or other measures Opobox may take to prevent or restrict access to the Opobox Web Sites; (i) use the Opobox Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail, unsolicited commercial e-mail, or anything that may be considered "spam;" (j) use data mining or any data gathering or extraction tools; (k) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Opobox Web Sites; (l) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Opobox; (m) use any meta tags or any other "hidden text" utilizing Opobox's name or trademarks; (n) use the Opobox Web Sites in any way that is unlawful, or harms Opobox or any Opobox Party as determined in Opobox's sole discretion; (o) use a false e-mail address, impersonate any person or entity, or otherwise mislead; (p) use the Opobox Web Sites to bother, stalk, harass, threaten, embarrass, or cause emotional or physical harm to any individual; (q) harm minors in any way; (r) promote or provide instructional information about illegal activities; (s) promote physical harm or injury against any group or individual; (t) use the Opobox Web Sites to look up celebrities or other public persons; (u) create user accounts by automated means or under false or fraudulent pretenses; (v) enter e-mail addresses that you know are invalid or that are not known to belong to people known by you.
You are solely responsible for your interactions with other users of the Opobox Web Sites. Opobox and the Opobox Parties reserve the right, but have no obligation, to monitor disputes between you and other users of the Opobox Web Sites.
5. Refund Policy
Due to the informational nature of the services provided through the Opobox Web Sites, any payments made to Opobox are non-refundable.
6. Automatic Renewal for Subscriptions
Subscriptions purchased via the Opobox Web Sites will automatically renew (for the same time length) at the end of the subscription period in order to attempt to ensure that you do not experience any service interruptions. When automatic subscription renewal occurs, Opobox will charge your credit card (on file) at the then-current renewal rate for that subscription, unless another renewal rate was specified in the original subscription offer. Unless you provide Opobox with prior notice that you do not wish your subscription to automatically renew, Opobox may renew your subscription without further authorization from you. Even if you provide Opobox with such notice, such notice will not affect charges before Opobox can reasonably act. If Opobox attempts to automatically renew your subscription, but such renewal is not possible because your credit card is expired or otherwise, your subscription will not renew.
7. NO WARRANTY
Opobox and the Opobox Parties disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed on the Opobox Web Sites. Opobox and the Opobox Parties disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Opobox and the Opobox Parties disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Opobox Web Sites.
OPOBOX AND THE OPOBOX PARTIES PROVIDE THE OPOBOX WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPOBOX PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. OPOBOX AND THE OPOBOX PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE OPOBOX WEB SITES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, RELIABLE OR TIMELY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE OPOBOX WEB SITES AT YOUR OWN DISCRETION AND AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
8. LIABILITY LIMIT
IN NO EVENT SHALL OPOBOX OR ANY OPOBOX PARTY, AS WELL AS THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS, INCLUDING THOSE OF ANY SUCCESSORS, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE OPOBOX WEB SITES IN ANY WAY, EVEN IF SUCH OPOBOX PARTY OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS, INCLUDING THOSE OF ANY SUCCESSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, (4) STRICT LIABILITY, OR (5) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
THE LIABILITY OF OPOBOX OR ANY OPOBOX PARTY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF MONEY YOU HAVE PAID TO OPOBOX IN US DOLLARS OR (B) ONE HUNDRED (100) US DOLLARS.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Opobox or any Opobox Party be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
9. CHANGES TO THE OPOBOX WEB SITES; ADDITIONAL LIABILITY LIMIT
THE OPOBOX PARTIES MAY CHANGE THE OPOBOX WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERALITY OF SECTIONS 7 AND 8, YOU ACKNOWLEDGE AND AGREE THAT OPOBOX AND THE OPOBOX PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 7 AND 8, YOU ACKNOWLEDGE AND AGREE THAT OPOBOX IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE OPOBOX WEB SITES OR THAT MAY ARISE THROUGH OR IN CONNECTION WITH THE OPOBOX WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE OPOBOX WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE OPOBOX WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS CONTAINED ON THE OPOBOX WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 7, 8, AND 9 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
10. Indemnity
You shall indemnify and hold harmless, and at Opobox's request defend, Opobox and the Opobox Parties, as well as their respective owners, directors, officers, shareholders, employees, and agents, including those of any successors (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Opobox Web Site, Your Information, or any breach of your obligations set forth in this Agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
11. Termination and Suspension
Without limiting other remedies, Opobox may terminate this Agreement, or terminate or suspend your access to the Opobox Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Opobox Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE OPOBOX WEB SITES MAY NOT BE RETRIEVED LATER.
12. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
13. No Right of Survivorship and Non-Transferability
You agree that rights you have to the Opobox Web Sites and any other rights provided in this Agreement are non-transferable and terminate upon your death.
14. No Resale, Assignment, or Sublicensing
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under this Agreement without prior express written authorization of Opobox.
15. Successors and Assigns
Opobox may assign this Agreement, in whole or in part, at any time, with or without notice to you. Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
16. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Opobox Web Sites.
17. Choice of Law
By visiting the Opobox Web Sites, you agree that the laws of the Commonwealth of Massachusetts, without regard to its principles or provisions of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between you and Opobox.
18. Disputes and Choice of Forum
Any dispute relating in any way to Opobox or the Opobox Web Sites shall be submitted to confidential arbitration in Boston, Massachusetts, United States, except that, to the extent that you have in any manner violated or threatened to violate Opobox's intellectual property rights, Opobox may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Massachusetts, and you consent to the personal and exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbiter's award shall be binding and may be entered as judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
19. LIMITED TIME TO BRING CLAIMS
YOU AND OPOBOX AGREE THAT ANY CAUSE OF ACTION ARISING OUR OF OR RELATED TO THE OPOBOX WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20. Interpreting this Agreement
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Opobox with respect to the Opobox Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Opobox with respect to the Opobox Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
21. Electronic Communications
When you visit the Opobox Web Sites or send e-mails to Opobox, you are communicating with Opobox electronically. You consent to receive communications from Opobox electronically. Opobox will communicate with you by e-mail or by posting notices on the Opobox Web Sites. You agree that all agreements, notices, disclosures and other communications that Opobox provides to you electronically satisfy any legal requirement that such communications be in writing.
22. Software
Software may be found at the Opobox Web Sites, including, but not limited to, the source code associated with any Opobox Web Site. Opobox grants you a non-exclusive, revocable, personal, non-transferable license to use any software associated with the Opobox Web Sites solely in connection with the Opobox Web Sites and in accordance with this Agreement. Opobox reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Opobox or another Opobox Party owns the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Opobox may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Opobox Web Sites.
23. Opobox Copyright
All Content on the Opobox Web Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Opobox or its content suppliers and is protected by United States and international copyright laws. The compilation of all Content on the Opobox Web Sites is the exclusive property of Opobox and protected by United States and international copyright laws.
24. Opobox Trademarks
THE NAMES DATABASE, MAKING THE WORLD A SMALLER PLACE, and other Opobox graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Opobox. Opobox trademarks and trade dress may not be used in connection with any product or service that is not Opobox's, in any manner that is likely to cause confusion among customers, or in any manner that disparages, tarnishes, or discredits Opobox, or in any way dilutes any Opobox trademark or trade dress. All other trademarks not owned by Opobox or the Opobox Parties that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Opobox or the Opobox Parties.
25. Opobox Address
Opobox, Inc. DBA The Names Database
P.O. Box 550175
Waltham, Massachusetts 02455-0175
26. Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Opobox's Copyright Agent: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are to be covered, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Opobox to locate the material; (d) information reasonably sufficient to permit Opobox to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (e) a statement that the you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that this procedure is exclusively for notifying Opobox that your copyright material has been infringed.
Opobox's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
Opobox Legal Department
P.O. Box 550175
Waltham, Massachusetts 02455-0175
dmca@namesdatabase.com
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and to terminate access to the Opobox Web Sites to anyone that repeatedly infringes others. copyright interests.
27. Submissions of Ideas
Opobox or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Opobox's products or marketing strategies might seem similar to ideas submitted to Opobox. So, please do not send your unsolicited ideas to Opobox or anyone associated with Opobox. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO OPOBOX BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO OPOBOX, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO OPOBOX THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT OPOBOX IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY OPOBOX, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
28. Miscellaneous Provisions
The relationship between you and Opobox is not one of agency or partnership and neither you nor Opobox shall be deemed to be a partner, employee, fiduciary, agent or representative of the other.
If Opobox or you fail to enforce any provision of this Agreement it shall not constitute a waiver of such provision.
The Opobox Web Sites may contain links to other Web sites. Opobox and the Opobox Parties are not responsible for the terms, conditions, notices, and privacy policies of these other Web sites.
You represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
You must be aged thirteen (13) or over to use the Opobox Web Sites and to enter into this Agreement. In compliance with the Children's Online Privacy Protection Act of 1998 (COPPA), Opobox does not knowingly collect information from children under the age of thirteen (13) for any purpose.